Definition of Key Concepts

Definition of Key Concepts

Privacy rights refer to the rights of individuals to control who can access and use their personal information. This element plays a very important role in limiting every business enterprise, either governmental or private, that threatens the privacy of any individual. As of today, the right to privacy is a very important human right that has been accepted in many jurisdictions around the world. To be specific, it is estimated that over 150 countries accept and recognize the right to privacy (Data et al. Worldwide, n.d.).

Due care, in the context of cybersecurity, refers to the reasonable measures that an organization takes to protect its data and systems from harm. In a more straightforward definition, it is the level of care that a reasonable person or a particular organization would take in a particular situation to prevent any form of harm, may it the breaching of sensitive organizational data. It is also very important to add that due care can also be referred to as ordinary care and reasonable care. This is the standard of care which a reasonable person is expected to exercise in the same situation or under similar circumstances (Cydni, 2017).

Due diligence is any prior investigation or activity of care that a business enterprise or person undertakes before entering into an agreement or contract with another party. It can also refer to the thorough examination or investigation that an organization undertakes to avoid any harm to its business dealings or functions. Cybersecurity involves a comprehensive appraisal of the organization’s network security to identify and rectify any potential vulnerabilities that may exist and are likely to bleach important data (“Due Diligence,” 2024).

Global Privacy Law: GDPR

The last decade has seen a tremendous increase in the use of technological innovations in the business world. However, the increased use of these technological innovations comes with various challenges, such as the sale of consumer information, which have resulted in the formation of various laws aimed at protecting private data left in the hands of various organizations during business transactions. One such law is The General Data Protection Regulation. The General Data Protection Regulation (GDPR) is a significant privacy law that the European Union enacted with the aim of protecting consumers within the European Union. It aims to give individuals control over their data and to simplify the regulatory environment for international business (Regulation – 2016/679 – EN – Gdpr – EUR-Lex, n.d.).

Due Care Responsibility

From my analysis of this issue, every organization must safeguard all information related to their clients. In that, an organization has a “due care” responsibility to protect their private data. This means they are expected to take all reasonable precautions to prevent data breaches and protect the privacy of their customers. This includes. Investing in a cyber-secure security system to ensure the data’s safety under their protection. The failure to exercise due care of their client’s data could result in legal penalties and damage to the organization’s reputation.

Demonstrating Due Diligence

To demonstrate “due diligence” in protecting PII data, an organization should invest heavily in a robust data security framework. They also ensure that regular security audits are carried out once in a while to ensure that there is no security breach in their systems. On this, it’s also important to point out that they should provide training to employees on data privacy and security and have a response plan in place for potential data breaches. Lastly, the organization should comply with all relevant data protection laws and regulations and should regularly review and update its policies and practices to ensure ongoing compliance with the changing technological world (“Due Diligence,” 2024).

References

Cydni. (2017, March 16). Due care – definition, examples, cases, processes. Legal Dictionary. https://legaldictionary.net/due-care/

Data protection and privacy legislation worldwide. (n.d.). UNCTAD. https://unctad.org/page/data-protection-and-privacy-legislation-worldwide

due care. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/wex/due_care

due diligence. (2024). In Merriam-Webster Dictionary. https://www.merriam-webster.com/dictionary/due%20diligence

Regulation – 2016/679 – EN – gdpr – EUR-Lex. (n.d.). https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679

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Definition of Key Concepts

Organizations continue to increase the amount of customer data they collect, store, process, and
distribute. The databases that store this information are valuable assets for the organization and
lucrative targets for cybercriminals.
World governments have developed laws and regulations to protect customer privacy.
The concepts of “due care” and “due diligence” are legal terms that governments use to ensure
organizations are taking appropriate actions to protect the private data they have on their networks
and ensure that they place customer safety and privacy rights ahead of profits.

Research the following 3 concepts from a minimum of 3 sources:
 Privacy rights
 Due care
 Due diligence

Assume that you are a cyber security professional for an organization that collects, stores,
processes, and distributes customers’ Personally Identifiable Information (PII). You have been asked
to review the concepts for an upcoming meeting between your department, leadership, and the legal
team at your company.

Using paragraph headings for each of the following four bullet-points, discuss the following in
a 350- to 525-word report:
 Define each of the 3 concepts
 Identify and discuss 1 privacy law from somewhere in the world.
 Does the organization have a “due care” responsibility to protect the privacy data?
 What actions can the organization take to show “due diligence” in protecting the PII data?

Format your assignment according to APA guidelines.
 In all assignments in this course, use APA style in-text citations associated with your
References page to cite your information sources. The reader should be able to visit the
source you cited to find the information from your work.

Format your assignment according to APA guidelines.